Do Same-Sex Couples Face Any Unique Challenges in the Divorce Process?

Do Same-Sex Couples Face Any Unique Challenges in the Divorce Process?

Posted By Stepniak & Park || 4-Dec-2017

In 2015, the U.S. Supreme Court legalized same-sex marriage in all 50 states.
This was a pivotal moment in civil rights for LGBT individuals, but it
also paved the way for further legal complications. Almost half of all
marriages end in divorce, and LGBT relationships are not exempt from marital
problems. However, because the majority of Florida laws were written with
heterosexual couples in mind, it can make the LGBT divorce process a little
more difficult.

For example, paternity must be handled differently in LGBT marriages. While
married heterosexual couples are automatically assumed to be the biological
parents of their child, same-sex couples must jump through a few more
hoops to establish paternity. Without parentage being established immediately
after the child is born, later there could be conflict if the biological
parent wishes to prevent his or her spouse from getting custody.

If a legal connection isn’t established between the non-biological
parent and the child, it can create huge issues with custody, visitation,
and child support payments. Not only can one parent refuse custody of
the child, but the other parent can refuse to pay child custody after
the divorce. The law has no way to hold either parent accountable if there
is no legal connection between one spouse and the child.

Children are what most complicated the LGBT divorce process. However, much
of everything else remains the same. Couples either agree on alimony and
property division or the court determines what is fair in both cases.

If you’re in a same-sex marriage and thinking of getting divorced,
talk to one of our skilled Daytona Beach LGBT divorce lawyers about your case.
Law Offices of Robert Stepniak has more than 35 years of combined legal experience to offer your case.
Let us see what we can do to help you through this stressful time.

Contact us at (386) 868-4771 or fill out our online form to schedule a free case
consultation today.